83 FR 58532 - Chlorinated Isocyanurates From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Antidumping Duty Administrative Review; 2012-2013 and Notice of Amended Final Results

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 224 (November 20, 2018)

On October 24, 2018, the United States Court of International Trade (CIT) entered final judgment sustaining the final results of remand redetermination pursuant to court order by the Department of Commerce (Commerce) pertaining to the antidumping duty (AD) administrative review of chlorinated isocyanurates (chlorinated isos) from the People's Republic of China (China). Commerce is notifying the public that the final judgment in this case is not in harmony with Commerce's final results in the AD review of chlorinated isos from China.

[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58532-58533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25298]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-898]


Chlorinated Isocyanurates From the People's Republic of China: 
Notice of Court Decision Not in Harmony With Final Results of 
Antidumping Duty Administrative Review; 2012-2013 and Notice of Amended 
Final Results

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On October 24, 2018, the United States Court of International 
Trade (CIT) entered final judgment sustaining the final results of 
remand redetermination pursuant to court order by the Department of 
Commerce (Commerce) pertaining to the antidumping duty (AD) 
administrative review of chlorinated isocyanurates (chlorinated isos) 
from the People's Republic of China (China). Commerce is notifying the 
public that the final judgment in this case is not in harmony with 
Commerce's final results in the AD review of chlorinated isos from 
China.

DATES: Applicable November 3, 2018.

FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-4261.

SUPPLEMENTARY INFORMATION: 

Background

    On January 28, 2015, Commerce published its final results in the 
eighth AD review of chlorinated isos from China.\1\ Commerce selected 
the two largest exporters, Hebei Jiheng Chemical Co., Ltd. and 
Juancheng Kangtai Chemical Co., Ltd., as the mandatory respondents, and 
determined that Heze Huayi Chemical Co., Ltd. (Heze Huayi), Arch 
Chemicals (China) Co., Ltd., and Zucheng Taisheng Chemical Co., Ltd. 
demonstrated their eligibility for separate rate status.\2\ On January 
28,

[[Page 58533]]

2015, Commerce published the Final Results and assigned Heze Huayi the 
separate rate of 53.15 percent from the Seventh Review \3\ consistent 
with our past practice because both mandatory respondents received zero 
margins and none of the separate rate companies had its own calculated 
rate from the segment immediately prior to the instant segment.
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    \1\ See Chlorinated Isocyanurates from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2012-2013, 80 FR 4539 (January 28, 2015) and accompanying Issues and 
Decision Memorandum (Final Results).
    \2\ See Chlorinated Isocyanurates from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review; 2012-2013, 79 FR 43391 (July 25, 2014) (Preliminary 
Results), and accompanying Decision Memorandum, at 5-6.
    \3\ See Chlorinated Isocyanurates from the People's Republic of 
China; 2011-2012; Final Results of Antidumping Duty Administrative 
Review, 79 FR 4875, 4876 (January 30, 2014) (Seventh Review).
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    Heze Huayi appealed Commerce's decisions not to treat Heze Huayi as 
a mandatory or voluntary respondent and not to apply the zero rate of 
the mandatory respondents to Heze Huayi. While the case was pending 
before the CIT, in June 2016, Commerce voluntarily sought a remand \4\ 
to consider the impact of the Court of Appeals for the Federal 
Circuit's decision in Albemarle Corp. v. United States.\5\ On September 
11, 2018, the Court held a telephone status conference and ordered that 
the Government ``advise the court in one week from September 11, 2018, 
if they have any reason for anything other than a zero rate for all 
outstanding entries.'' \6\ Commerce responded within the one-week 
deadline that Commerce's request for a voluntary remand on this issue 
was still pending; however, in light of the Court's request, Commerce 
stated that it had identified no ``reason for anything other than a 
zero rate'' to be applied to Heze Huayi's entries.\7\ On September 28, 
2018, the Court ordered Commerce to assign Heze Huayi the mandatory 
respondents' weighted-average zero rate.\8\ On remand, Commerce, under 
respectful protest, assigned Heze Huayi the mandatory respondents' 
weighted-average zero rate.\9\ On October 24, 2018, the CIT sustained 
Commerce's Final Redetermination.\10\
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    \4\ See Heze Huayi Chemical Co. Ltd., v. United States, Ct. No. 
15-27, Defendant's Supplemental Brief and Motion for Voluntary 
Remand, Docket #68, June 21, 2016 (``In light of the intervening 
legal decision in Albemarle, we respectfully request that the Court 
grant a voluntary remand for Commerce to consider the application of 
Albemarle to the facts of this case.'')
    \5\ 821 F.3d 1345 (Fed. Cir. 2016).
    \6\ See Heze Huayi Chemical Co., Ltd. v. United States, Ct. No. 
15-27, Court Order, Docket #81, Sept. 12, 2018.
    \7\ See Heze Huayi Chemical Co., Ltd., v. United States, 
Defendant's Response to Court Order, Ct. No. 15-27, Docket #82, at 
1-2, Sept. 18, 2018.
    \8\ See Remand Order at 7.
    \9\ See Final Results of Redetermination Pursuant to Court 
Remand, Heze Huayi Chemical Co., Ltd. v. United States, Court No. 
15-00027, Slip Op. 18-130 (CIT September 28, 2010), dated October 
19, 2018 (Final Redetermination).
    \10\ See Heze Huayi Chemical Co., Ltd. v. United States, Slip 
Op. 18-149, Consolidated Court No. 15-00027 (CIT 2018).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the Federal Circuit held that, pursuant to section 
516A(c) of the Tariff Act of 1930, as amended (the Act), Commerce must 
publish a notice of court decision that is not ``in harmony'' with a 
Commerce determination and must suspend liquidation of entries pending 
a ``conclusive'' court decision. The CIT's October 24, 2018, judgment 
constitutes a final decision of that court that is not in harmony with 
Commerce's Final Results. This notice is published in fulfillment of 
the publication requirements of Timken. Accordingly, Commerce will 
continue suspension of liquidation of subject merchandise pending 
expiration of the period of appeal or, if appealed, pending a final and 
conclusive court decision.
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    \11\ See Timken Co. v. United States, 893 F.2d. 337 (Fed. Cir. 
1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d. 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results

    Because there is now a final court decision, Commerce is amending 
the Final Results and assigning Heze Huayi the mandatory respondents' 
weighted-average zero rate \13\ for the period June 1, 2012, through 
May 31, 2013. In the event the CIT's ruling is not appealed, or, if 
appealed, is upheld by a final and conclusive court decision, we will 
instruct U.S. Customs and Border Protection (CBP) to liquidate Heze 
Huayi's appropriate entries without regard to antidumping duties.
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    \13\ See Remand Order at 7.
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Cash Deposit Rate

    Heze Huayi has a superseding cash deposit rate (e.g., from a 
subsequent administrative review). Therefore, Commerce will not issue 
revised cash deposit instructions to CBP.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 15, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-25298 Filed 11-19-18; 8:45 am]
 BILLING CODE 3510-DS-P